Ban the Box Criminal History Law Passed in Virginia

Virginia Governor Terry McAuliffe has signed Executive Order 41 to ban the box. The legislation applies to state employers and removes any reference to criminal history and/or conviction questions on standard employment applications. The law went into effect as soon as it was signed by the Governor.

A few important points about Executive Order 41:
-Employment decisions made by state employers shall not “be based on the criminal history of an individual unless demonstrably job-related and consistent with business necessity, or state or federal law prohibits hiring an individual with certain convictions for a particular position.”
-It encourages private employers to follow the new ban the box law.
-Exceptions to the law include “sensitive positions” (such as jobs in law enforcement) where criminal background checks are required in order to gain employment.
-A background check can only be conducted after the applicant; is found to be qualified, is being considered for a position, and signs the authorization and release waiver.

Read the Virginia Governor’s News Release
Read Virginia Executive Order 41


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